Krakosky v. Leverage Windows, LLC
| Tyler Krakosky |
| Leverage Windows, LLC |
| 1:2021cv21968 |
| May 26, 2021 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Jose E Martinez |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 13, 2021. A more recent docket listing may be available from PACER.
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| Filing 20 REPLY to Response to Motion re #14 MOTION TO DISMISS #9 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Leverage Windows, LLC. (Amit, Adi) |
Filing 19
PAPERLESS ORDER SETTING TELEPHONIC SETTLEMENT CONFERENCE: A Telephonic Settlement Conference is set for 9:00 A.M. on Friday, July 30, 2021, in Miami Division, before Magistrate Judge Jacqueline Becerra (USA Toll-Free Number: 866-390-1828; Access Code: 2046890). Parties should note that: (1) The Conference shall be conducted without a court reporter and will not be tape recorded. All representations made at the Conference shall remain confidential. However, if a settlement is reached, the Court may require the parties to state the material terms of the agreement on the Court record. (2) The parties are not required to submit any statements/documentation in preparation for the Conference. However, counsel for Plaintiff(s) should be prepared to provide the Court with billing and/or time records to support an award of fees, should the parties decide to reach an agreement on attorneys' fees as part of the settlement. (3) Each counsel is required to meet by phone with their client(s) regarding settlement at least five days prior to the Settlement Conference. (4) Counsel must confer with each other by phone to discuss their respective settlement positions, and to exchange settlement offers before the date of the Settlement Conference set above. Signed by Magistrate Judge Jacqueline Becerra on 7/7/2021. (hgz)
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| Filing 18 Joint SCHEDULING REPORT - Rule 16.1 by Leverage Windows, LLC (Scala, Alexandra) |
| Filing 17 RESPONSE in Opposition re #14 MOTION TO DISMISS #9 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Tyler Krakosky. Replies due by 7/13/2021. (Regueiro, Rainier) |
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Filing 16
PAPERLESS ORDER granting #15 Defendant's Motion for Extension of Time to File a Scheduling Conference Report. The parties shall have through and including July 7, 2021 to file the scheduling conference report. The Court notes that Defendant filed its motion on the day the report was due. While the Court grants the extension, it notes that this lack of diligence will not be tolerated. Signed by Judge Jose E. Martinez on 7/1/2021. (cvl)
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| Filing 15 Defendant's MOTION for Extension of Time to File a Scheduling Conference Report re #6 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,,, Order Referring Case to Mediation,,, by Leverage Windows, LLC. Responses due by 7/14/2021 (Attachments: #1 Text of Proposed Order)(Scala, Alexandra) |
| Filing 14 MOTION TO DISMISS #9 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Leverage Windows, LLC. Responses due by 7/6/2021 (Amit, Adi) |
| Filing 13 NOTICE of Attorney Appearance by Alexandra Rebecca Frances Scala on behalf of Leverage Windows, LLC. Attorney Alexandra Rebecca Frances Scala added to party Leverage Windows, LLC(pty:dft). (Scala, Alexandra) |
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Filing 12
PAPERLESS ORDER REGARDING PROCEDURES TO SET SETTLEMENT CONFERENCE. To set the Settlement Conference mandated by the District Court, ECF No. 11 , counsel for Plaintiff shall send an e-mail, to chambers_becerra@flsd.uscourts.gov, within seven days of all counsel filing their Notice of Appearances, or within seven days of this order if all counsel have already filed appearances. The e-mail shall list at least three different dates and times where all counsel and parties are available for the Settlement Conference. These dates must all be within 20 days of that date of the e-mail to chambers. The Court prefers to set settlement conferences on Tuesdays and Thursdays at 9:00 a.m., 12:00 p.m., or 3:00 p.m. If counsel and the parties are not available on those dates and times, they are permitted to propose other dates and times, but all proposed dates must be within the deadline set above. Plaintiff's counsel shall copy all counsel on the e-mail to chambers. Failure to submit proposed dates by the deadline will results in the Court setting the conference unilaterally. The Settlement Conference will not be continued absent compelling circumstances (i.e., counsel has a conflict with another court hearing). The settlement conference will be conducted telephonically, unless both parties propose that video conference would be preferable. In providing dates for the Settlement Conference, counsel should note that: (1) The Settlement Conference must be attended, except as provided under Local Rule 16.2(e) for public-sector entities, by counsel of record and each party, or representatives of each party with full authority to enter into a complete settlement. (2) In the event that a monetary settlement would be payable from proceeds of an insurance policy, a claims professional/representative(s) from the party's insurer, with full and final authority to authorize payment to settle the matter up to the full limits of the party's policy shall be present. The failure of a party representative with full and final authority to make and accept offers of settlement to attend this Conference may result in the undersigned's sua sponte recommendation to the District Judge that sanctions be entered against the offending party. Signed by Magistrate Judge Jacqueline Becerra on 6/11/2021. (hgz)
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Filing 11
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for a Settlement Conference. Except as provided in Local Rule 16.2(e), the appearance of counsel and each party, or a representative with full settlement authority, is mandatory. The Court normally mandates that appearance be in person; however, given the restrictions caused by COVID-19, Judge Becerra will dictate how participation will occur. Signed by Judge Jose E. Martinez on 6/10/2021. (cvl)
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Filing 10
PAPERLESS ORDER denying as moot #3 Defendant's Motion to Dismiss in light of #9 Plaintiff's First Amended Complaint. Signed by Judge Jose E. Martinez on 6/10/2021. (cvl)
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| Filing 9 First AMENDED COMPLAINT against Leverage Windows, LLC, filed by Tyler Krakosky.(Regueiro, Rainier) |
| Filing 8 STATUS REPORT (as to Removal) by Leverage Windows, LLC (Attachments: #1 State Court Documents)(Amit, Adi) |
| Filing 7 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Leverage Windows, LLC (Amit, Adi) |
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Filing 6
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: (Jury Trial set for 6/6/2022 09:30 AM in Miami Division before Judge Jose E. Martinez., Calendar Call set for 6/2/2022 01:30 PM in Miami Division before Judge Jose E. Martinez.), ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for Discovery Matters. Signed by Judge Jose E. Martinez on 5/27/2021. See attached document for full details. (pcs) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 5 NOTICE OF COURT PRACTICE IN REMOVAL CASES Signed by Judge Jose E. Martinez on 5/27/2021. See attached document for full details. (pcs) |
| Filing 4 NOTICE OF COURT PRACTICES IN FLSA CASES Signed by Judge Jose E. Martinez on 5/26/2021. See attached document for full details. (pcs) |
| Filing 3 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM as to Counts II, III, and IV by Leverage Windows, LLC. Responses due by 6/9/2021 (Amit, Adi) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 402.00 receipt number AFLSDC-14718219, filed by Leverage Windows, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Summons and Complaint)(Amit, Adi) No Answer/Motion to Dismiss filed. Modified on 5/26/2021 (pcs). |
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| Defendant: Leverage Windows, LLC | |
| Represented By: | Adi Amit |
| Represented By: | Alexandra Rebecca Frances Scala |
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| Plaintiff: Tyler Krakosky | |
| Represented By: | Rainier Regueiro |
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